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Updating author: Rob Davies

On this page:
Summary
Future developments
Key references
The provisions of the Rehabilitation of Offenders Act 1974
Rehabilitation periods
Exclusions
Excluded jobs
Data protection provisions
Access to criminal records
Safeguarding vulnerable groups
The implications of the Bribery Act 2010

Summary

  • Under the Rehabilitation of Offenders Act 1974, a conviction becomes "spent" after the elapse of a defined period of time, allowing a job applicant to be treated for most purposes as if his or her conviction had never occurred. (See The provisions of the Rehabilitation of Offenders Act 1974)
  • Job applicants are in most cases permitted to conceal details relating to spent convictions from a prospective employer. (See The provisions of the Rehabilitation of Offenders Act 1974)
  • It is unlawful to refuse to employ someone on the grounds that he or she has a spent conviction (although recruitment into some jobs is exempt from this provision). (See The provisions of the Rehabilitation of Offenders Act 1974)
  • The periods of time after which convictions become spent are precisely defined in the Rehabilitation of Offenders Act 1974. (See Rehabilitation periods)
  • A job applicant whose sentence was for 30 months or more can never be rehabilitated under the Rehabilitation of Offenders Act 1974. (See Exclusions)
  • There is a long list of excluded jobs and professions under the Rehabilitation of Offenders Act 1974. (See Excluded jobs)
  • Under the Safeguarding Vulnerable Groups Act 2006 there is a centralised vetting system for people barred from working with children and/or vulnerable adults, in paid and unpaid work. (See Safeguarding vulnerable groups)
  • It is an offence for a person who is barred from working with children or vulnerable adults to seek to, or actually engage in, a "regulated activity". It is also an offence for an employer knowingly to permit someone who is barred to engage in a "regulated activity". (See Safeguarding vulnerable groups)
  • Employers and employment businesses and agencies are under a duty to pass information about individuals who have harmed a child or vulnerable adult to the Disclosure and Barring Service. (See Safeguarding vulnerable groups)
  • Employers may need to carry out additional checks on job applicants for posts that could be vulnerable to bribery risks. (See The implications of the Bribery Act 2010)

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Future developments

Portable DBS (CRB) checks: The Protection of Freedoms Act 2012 includes provisions to effect changes relating to Disclosure and Barring Service (DBS) checks (Criminal Records Bureau (CRB) checks prior to 1 December 2012). The Government announced these changes on 23 November 2011 (in a speech by the Business Secretary, Vince Cable (on the UK Government website)) and in its Employment law review - annual update 2012 (also on the UK Government website), which it published on 15 March 2012.

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